The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1887-05-06
SCHWARTZ AND WATT.

Grounds Upon Which Their Counsel AsIs
for New TriaI-A Sermon to Which
the jury listened Particularly Objected
To.
MORRIS, ILL.,, May 3-Judgs Jstdons on
behalf of Schwartz and Watt, yesterday
fled papers in support of new trial. Inc
prosecution are now busily engaged in the
preparation OF their papers, which will be
filed on or before fsxt Monday. The points
filed were twenty-three III number. The
following are, briefly, the poitits:
The Ttt6isS is contrary to law and the evil
dence, and is against }be weight of the evil
dence. No evidence in the record Justified said
verdict. The court erred in giving SEVERAL in
structions asked and given on behalf of the
people. The court erred in refusing to give
Several instructions which were asked on
behalf of the defendants. 1t erred
in admitting improper, incompetent, IT.
relevant immatefial ana unlawful testimony
offered in behalf of the people, II erred in eX'
Guiding testimony offered on behalf OF sala de-
PENDANTS. The trial was not had before nor
the verdict rendered by an impartial jury.
competent to sit on said jury,
having expressed an opinion as to the
guilt If saAd defendants before his exam
nation as per afidaTit fled. This is sworn to
by one person. Nine of the jurors were permit
ted to view the baggage cars befoTs the panel
was full. The closing argument of one OF the
attorneys for the State was improper in the
statement of substantial matters not in evil
dence and in its appeals to the prejud:ces and
passions of the jury The court erred in sever
al rulings as to qualifications of jurors and their
competency and in its asking o certain juror
certain questions which were excepted to by
defendant. It erred in modifying certain IN
structions asked in behalf of defendants. The
sernol Of Presiding Elder Axtell to the jury on
Sunday April {, Vas improper in its Illustrations
and appositness to the case of the defendants
and should be ground for. hew trial. An
affidavit in support of this is presented with
four signatures. The afidavits of George w.
Eubanks and NJ. j. Nc Laughln demonstrate
GoncldsivelY that the murder of Kellogg
Nichols was perpetrated by other than the
defendants and further demonstrates that
Henry Schwartz was not even accessory
before the fact thereto, and this should
be ground for a new trial The
court erred In permitting the counsel for the
State to examine any talesmen before the reg
ular panel of jurors was exhausted. 1t erred in
compelling the defendants to tender the State
panel of four jurors instead of requiring
the State to first pass upon every panel
of four. The court erred in permitting
attorneys for the people on cross-ex-
animation of witnesses for defendants
to ask irrelevant and improper questions. 1t
erred in making improper remarks in the pres
ence of the jury, and giving instructions to the
jury not in writing, particularly the one as to
the effect of the statements of one of the de-
PENDANTS as to the other defendant. There were
other irregularities and imperfections and said
verdict is manifestly Illegal and unjust and
against the testimony.
The points for Watt are seventeen in
number, and are briefly these
1.-THE court erred in overruling the challenges
for cause Of the defendant to each and every
one of the jurors by him challenged for cause
and who were impaneled and who did
try the case. The juror Charles e.
Decker, accepted by defendant after examina-
ton, had before his examination and accept
| ance stated it to be his opinion that the
| defendant was guilty. The visit of portion Of
| the jury to the baggage-cars was improper.
| The court erred in admitting on the part OF
| the people, over the objection of defendant,
| improper, illegal and incompetent evil
| dence to be given to the jury. The
| court erred in excluding proper and legal
evidence in behalf of the defendant. The court
| erred in improperly and illegally giving the
| jury certain Instructions. The jury, after the
case had been opened, were permitted to hear,
| at the Methodist Church, in the city of Morris,
| a sermon calculated to- and which did,
| prejudice and influence their minds, and
| influence their judgments against defend
| ant. One of the attorneys for the prosecution
in his closing arguments called defendant a
miscreant and said attorney commented on the
| neglect of the defendant to testify. In their
| closing arguments they use improper, unfair
| and irrelevant statements. The verdict is
| against the weight of the evidence. The YER
dict is not supported by the evidence, and is
against the law. The court erred in allowing
witnesses to testify whose names were not on
| the back of the Indictment.
Affidavits will be furnished by the State,
| by DR.. Axtell and by Rev. Mr. Phillips
that the sermon was applicable to the case
in no manner, and the State also expects to
bring many who were present during the
| delivery of the sermon to substantitato
| DrS. Axten and Phillips.